AGENDA SUMMARY May 8, Agenda Item No. Notice of Intent to Seek Health Order for Trash Violation at 509 Randolph Road

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1 AGENDA SUMMARY May 8, 2017 Agenda Item No. Notice of Intent to Seek Health Order for Trash Violation at 509 Randolph Road Summary: There currently are numerous bags of garbage piled up in an open structure and on the ground at 509 Randolph Road (owned by Valerie Abbott). Attached is a photograph of the trash as of May 4, Section of the Stowe Health and Sanitation Ordinance requires that garbage be removed at frequent intervals in order to prevent the creation of a public nuisance. The accumulated trash in an open area is an attraction for rodents. The Stowe Health Officer sent letters on March 16, 2017, March 31, 2017, April 14, 2017, and April 20, 2017 to the property owner requiring the garbage to be removed (see attached). The garbage has not been removed. The closest neighbor is approximately 235 feet from the trash as shown on the attached vicinity map. Under 18 VSA 126 the Selectboard serves as the local health board and can issue health orders. The process of issuing a health order is: 1. The Selectboard reviews a notice of intent by local health officer seeking the Selectboard to issue a health order (see attached) 2. The notice of intent is served to the property owner by a person authorized by law to provide service (generally the Sherriff's office) 3. The person receiving the notice of intent can request a hearing. If the person wants a hearing they make a request to be added to the Selectboard agenda. 4. The Selectboard then makes the final decision on what action to take (see attached draft Health Order). Town Plan Impact: N/A Fiscal Impact: Legal costs for service and the town attorney would be needed to seek any fines and/or court actions if the property owner did not remove the trash with a specific time specified by the health order. Recommendation: To hold a hearing on May 22, 2017 to review and consider issuance of a health order for outside garbage at 509 Randolph Road.

2 Notice of Intent to Seek Health Order for Trash Violation at 509 Randolph Road Upon the authority granted me as Health Officer of the Town of Stowe, Vermont per Title 18, V.S.A. 126, I hereby seek a Health Order against Valerie Abbott, 509 Randolph Road, Stowe, Vermont based upon the following information: 1. In March, 2017 I received information regarding the accumulation of bags of garbage at 509 Randolph Road. 2. On March 16, 2017, I visited the residence at 509 Randolph Road and observed an accumulation of bags of garbage in an unenclosed structure and on the ground. 3. On March 16, 2017 I sent a letter to Valerie Abbott at the above address seeking voluntary compliance with the Section of the Stowe Health and Sanitation Ordinance. 4. On March 31, 2017, I again visited the residence at 509 Randolph Road and again observed an accumulation of bags of garbage in an unenclosed structure and on the ground. 5. On March 31, 2017 I sent a second letter to Valerie Abbott at the above address seeking voluntary compliance with the Section of the Stowe Health and Sanitation Ordinance. 6. On April 14, 2017, I again visited the residence at 509 Randolph Road and observed an accumulation of bags of garbage in an unenclosed structure and on the ground. 7. On April 14, 2017 I sent a third letter to Valerie Abbott at the above address seeking voluntary compliance with the Section of the Stowe Health and Sanitation Ordinance. 8. On April 20, 2017, I again visited the residence at 509 Randolph Road and observed an accumulation of bags of garbage in an unenclosed structure and on the ground. 9. On April 20, 2017 I sent a fourth letter to Valerie Abbott at the above address seeking voluntary compliance with the Section of the Stowe Health and Sanitation Ordinance and that I intended to seek a public health order. 10. The accumulated trash in an open area is an attraction for rodents and will soon begin to smell with the warmer weather coming. 11. Based upon this investigation and based upon the owner not removing the garbage voluntarily, I have determined that this situation creates a public health risk to the neighbors (who are approximately feet away) due to the potential for attracting rodents and creating an obnoxious smell. Therefore, I will be seeking a Health Order at the May 22, 2017 meeting of the Town of Stowe Select Board, acting as the Local Board of Health unless the exposed garage is removed. The meeting is at 67 Main Street, Stowe, Vermont and starts at 5:30 pm. Notice is hereby given to Valerie Abbott of my intent and if Valerie Abbott requests a hearing to rebut my allegations, then Valerie Abbott shall contact Charles Safford, Town Manager, in order to be placed on the agenda. Attached is supporting evidence and a statement of procedural rights. Town of Stowe Health Officer Tel: (802) rbaker@townofstowevermont.org

3 Photographs 509 Randolph Road May 4, 2017

4 509 Randolph Road Trash Violation Vermont Agency of Natural Resources vermont.gov LEGEND Buildings (E911) Parcels (where available) Town Boundary 2, : 1,643 April 20, 2017 NOTES WGS_1984_Web_Mercator_Auxiliary_Sphere Vermont Agency of Natural Resources Meters 1" = 137 Ft. 1cm = 16 Meters THIS MAP IS NOT TO BE USED FOR NAVIGATION DISCLAIMER: This map is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. ANR and the State of Vermont make no representations of any kind, including but not limited to, the warranties of merchantability, or fitness for a particular use, nor are any such warranties to be implied with respect to the data on this map.

5 In re: Public Health Hazard for Trash Violation at 509 Randolph Road STOWE BOARD OF HEALTH PUBLIC HEALTH ORDER Upon investigation of, Stowe Health Officer at the hearing of May 22, 2107, the Stowe Board of Health finds the following: 1. In March, 2017 the Health Officer received information regarding the accumulation of bags of garbage at 509 Randolph Road. 2. On March 16, 2017, the Health Officer visited the residence at 509 Randolph Road and observed an accumulation of bags of garbage in an unenclosed structure and on the ground. 3. On March 16, 2017 the Health Officer sent a letter to Valerie Abbott at the above address seeking voluntary compliance with the Section of the Stowe Health and Sanitation Ordinance. 4. On March 31, 2017, the Health Officer again visited the residence at 509 Randolph Road and again observed an accumulation of bags of garbage in an unenclosed structure and on the ground. 5. On March 31, 2017 the Health Officer sent a second letter to Valerie Abbott at the above address seeking voluntary compliance with the Section of the Stowe Health and Sanitation Ordinance. 6. On April 14, 2017, the Health Officer again visited the residence at 509 Randolph Road and observed an accumulation of bags of garbage in an unenclosed structure and on the ground. 7. On April 14, 2017 the Health Officer sent a third letter to Valerie Abbott at the above address seeking voluntary compliance with the Section of the Stowe Health and Sanitation Ordinance. 8. On April 20, 2017, the Health Officer again visited the residence at 509 Randolph Road and observed an accumulation of bags of garbage in an unenclosed structure and on the ground. 9. On April 20, 2017 the Health Officer sent a fourth letter to Valerie Abbott at the above address seeking voluntary compliance with the Section of the Stowe Health and Sanitation Ordinance and that the Health Officer intended to seek a public health order. 10. The accumulated trash in an open area is an attraction for rodents and will soon begin to smell with the warmer weather coming. 11. Based upon this investigation and based upon the owner not removing the garbage voluntarily, the Stowe Board of Health have determined that this situation creates a public health risk to the neighbors (who are approximately feet away) due to the potential for attracting rodents and creating an obnoxious smell. CONCLUSION In accordance with state and local law, the Stowe Board of Health is notifying you of the following determination: 1. The accumulation of bags of garage creates a public health risk to the neighbors (who are approximately feet away) due to the potential for attracting rodents and creating an obnoxious smell. ORDER Therefore by the authority granted (as applicable) in 18 V.S.A. 126, 602a and Section of the Stowe Health and Sanitation Ordinance, it is hereby ordered that: 1. That all accumulated bags of trash within unenclosed the structure and on the ground as well as any other improperly contained refuse at 509 Randolph Road shall be removed and properly disposed of by June 5, Lisa Hagerty Chair, Town of Stowe Board of Health

6 TOWN OF STOWE BOARD OF HEALTH STATEMENT OF PROCEDURAL RIGHTS Pursuant to 18 V.S.A 126 & 127, you are hereby notified of your rights. 1. You may appeal a health order in writing to the Stowe Board of Health and be given the opportunity for a hearing, at which time you shall be given the opportunity to rebut the allegations upon which the order is based. 2. You have the right to appeal any act, decision or order of the Stowe Board of Health to the State Board of Health. 3. Your appeal to the State Board of Health must be made within 30 days of the act, decision, or order. 4. The appeal hearing before the State Board of Health shall be subject to the provisions of 3 V.S.A, Ch. 25, the Administrative Procedure Act, relating to contested cases. 5. The State Board of Health will hear your appeal denovo, that is, it will consider your case anew, and all persons and parties of interest, as determined by Board rule, may appear and be heard. A decision on your appeal will be made within 30 days following the conclusion of the hearing. 6. You may appeal the decision of the State Board of Health to the Vermont Supreme Court. 7. Failure to comply with the provisions of the Health Order issued by the Stowe Board of Health may subject you to further legal action including civil enforcement of the order in the superior court and criminal penalties.

7 Valerie Abbott 509 Randolph Rd Stowe VT March 16, 2017 Re: Trash Violation at 509 Randolph Rd Tax Map An inspection today found that bags of garbage have been stored on your property in a space without any doors. Section of the Stowe Health and Sanitation Ordinance requires that trash be removed at frequent intervals in order to prevent the creation of a public nuisance. Your accumulated trash in an open area is an attraction for rodents. Please remove all excess trash within seven days. Failure in the future to provide adequate trash and recycling pick-ups will result in a formal enforcement notice. Your cooperation in resolving this matter is appreciated. Please contact me if you have any questions. Sincerely, Zoning Director Tel: (802) Fax: rbaker@townofstowevermont.org

8 Valerie Abbott 509 Randolph Rd Stowe VT March 31, 2017 Re: Second Notice of Trash Violation at 509 Randolph Rd Tax Map An inspection today found that bags of garbage are still being stored on your property in a space without any doors. Section of the Stowe Health and Sanitation Ordinance requires that trash be removed at frequent intervals in order to prevent the creation of a public nuisance. Your accumulated trash in an open area is an attraction for rodents. You need to remove the trash immediately. Failure to remove the trash by April 10 th will result in formal enforcement and possible fines. Your cooperation in resolving this matter is appreciated. Please contact me if you have any questions. Sincerely, Zoning Director Tel: (802) Fax: rbaker@townofstowevermont.org

9 Valerie Abbott 509 Randolph Rd Stowe VT April 14, 2017 Re: Final Notice of Trash Violation at 509 Randolph Rd Tax Map An inspection yesterday found that bags of garbage are still being stored on your property in a space without any doors. The blue tarp you put over the door is inadequate since rodents can still enter the trash area. Section of the Stowe Health and Sanitation Ordinance requires that trash be removed at frequent intervals in order to prevent the creation of a public nuisance. Your accumulated trash in an open area is an attraction for rodents. You need to remove the trash immediately. If the trash is not removed by next Tuesday, April 18, 2017, I will be issuing an emergency health order in accordance with 18 V.S.A Your cooperation in resolving this matter is appreciated. Please contact me if you have any questions. Sincerely, Zoning Director Tel: (802) Fax: rbaker@townofstowevermont.org

10 Valerie Abbott 509 Randolph Rd Stowe VT April 20, 2017 Re: Notice of Trash Violation at 509 Randolph Rd Tax Map An inspection on April 18, 2017 found that bags of garbage are still being stored on your property in a space without any doors. Section of the Stowe Health and Sanitation Ordinance requires that trash be removed at frequent intervals in order to prevent the creation of a public nuisance. Your accumulated trash in an open area is an attraction for rodents. A notice of intent to seek a health order by the Selectboard will be sought unless the trash is removed by May 1, If the trash remains the notice of intent to seek a health order will be placed on the Selectboard agenda for May 8, The Selectboard will schedule a date for the issuance of a health order. The notice of intent will then be served to you. You will also be given an opportunity to request a hearing before the Selectboard on this matter. Your cooperation in resolving this matter is appreciated. Please contact me if you have any questions. Sincerely, Zoning Director Tel: (802) Fax: rbaker@townofstowevermont.org